Final Written Warning Questions

Mischa8

LegalSec wrote: »

1. The final written warning states that an appeal canbe lodged within 5 working days. If anappeal is lodged does the employer have the power to reconsider its original decisionand dismiss the employee?
2. The final written warning states it is formisconduct. Does the final written warningtherefore only relate to misconduct issues and if, for example, the employeehad time keeping issues the employers could only give a verbalwarning for that disciplinary matter?

Any help would be appreciated.

Have been giving a bit of thought to this. I don't think OP can do anything about the warnings, appeal or otherwise.

However I DO think an anger management (at work?) course - either paid for by employer (you never know!) or by herself could be very beneficial in getting this warning removed or to make her case better at work for future, or until she leaves.

It would show them that she is making real tracks in tackling and identifying her behaviour (whether she disagrees or not is wrong or right). A decent company could not fail in my view to see that she is trying to make amends and improve, in this area, which is what the warnings have been for.

antonic

As others have said, if your on a final written warning you can be dismissed for ANY future violations , even if it was to be minor misconduct, during the length of the final written warning.

jobbingmusician

At last someone has referred to length! I agree, you can be dismissed for almost anything, but the FWW should indicate when it expires.

Mischa8

LegalSec wrote: »

1. The final written warning states that an appeal canbe lodged within 5 working days. If anappeal is lodged does the employer have the power to reconsider its original decisionand dismiss the employee?
2. The final written warning states it is formisconduct. Does the final written warningtherefore only relate to misconduct issues and if, for example, the employeehad time keeping issues the employers could only give a verbalwarning for that disciplinary matter?

Any help would be appreciated.

In answer to No 2. I would have thought that if you had time keeping issues ON TOP of the FWW for misconduct then if you were given a verbal for the time keeping AFTER the FWW then you'd get fired.

Refer to employee/employer handbook for rules on warnings, should be there spelled out in B&W.

Mischa8

dizzyrascal wrote: »

My only worry for the OP is will she still have to deal with this client and if so how will she be able to manage her. If the client wanted the OP sacked then the company may have tried to compromise with a FWW but what happens if this client still wants to pursue it? Or wants to continue to make life difficult for the OP?
Is there someone that you can talk to about this within the company who can support you? You might need back up
You say that you did not swear at the client but in the end the company did not support you. What's to stop her making further allegations to get you sacked?
Just trying to put across a view from someone who has had to deal with difficult and demanding people in the past.

To be honest - the client probably comes under the list of clients for the fee-earner she works for so she will most likely have to deal with her again. HOWEVER, I would say to fee-earner maybe it'd be best if no contact or someone else spoke to client whilst fee-earner is away in meetings etc. I would also suggest, maybe calling over a colleague if you have to speak to this client and having a witness as to what you say.

The client's views have no bearing on this I would have thought as the client doesn't employ the OP. OP's employers can take on board what's been said but again, could be client's word against OP - eg employee.

I think the company is caught in a tricky spot here, they have to be seen to be disciplining OP, they would have sacked if need be (gross misconduct) but also they have to take on board the scenario with trainee solicitor with OP. So I think the company have been rather fair in this case. As I said above, anger management would be great. Shows a positive way forward.